Supreme Court

25th Apr, 2024

If it is found that the writ petitioner is guilty of delay and latches, the High Court ought to dismiss the petition on that sole ground itself.

In the matter of Mrinmoy Maity vs. Chhanda Koley & Ors, Civil Appeal No. 5027/2024 decided by Hon’ble Supreme Court of India on 18.04.2024. Facts of the case– An advertisement calling for application […]

25th Apr, 2024

Section 11(6), Arbitration Act and its limitation as per Limitation Act: A legislative vacuum

In a judgment decided on 01.03.2024 titled M/s Arif Azim Co Ltd v. M/S Aptech Ltd, the Hon’ble Supreme Court has dwelled into the aspect of limitation regarding appointment of Arbitrator. The basic premise […]

19th Apr, 2024

Delay should not be excused as matter of generosity; Party must prove that they were reasonably diligent in prosecuting the matter.

In the matter of Union of India &Anr. Versus Jahangir Byramji Jeejeebhoy (D) Through his LR decided by the Hon’ble Supreme Court on 03.04.2024 Facts A civil suit for possession was passed against the […]

19th Apr, 2024

Courts are empowered to exercise discretion to condone delay if sufficient cause had been explained, but that exercise of power is discretionary in nature.

In the matter of Pathapati Subba Reddy (died) by LR’S and Ors. Versus Special Deputy Collector (LA) Facts Appellants preferred a reference against acquisition of subject land for not being satisfied with the compensation […]

19th Apr, 2024

Non-disclosure of each and every asset owned by a candidate, in their nomination papers, would not amount to a defect, much less, a defect of a substantial character.

In the matter of Karikho Kri vs. Nuney Tayang & Ors., CA No. 4615/2023 decided by the Hon’ble Supreme Court on 09.04.2024. Facts of the case– The election of the returned candidate (Petitioner […]

27th Mar, 2024

Party claiming ownership rights in a property by way of adverse possession must know who the actual owner of the property is.

In the matter of Sh. M. Radheshyamlal vs. V Sandhya and Anr., Civil Appeal No 4322-2324 of 2024, decided by the Hon’ble Supreme Court of India on 18.03.2024. Facts of the case– The original owner […]

11th Mar, 2024

Para-wise reply to a plaint is essential, Allegations deemed to be admitted unless specifically denied

In the matter of Thangam & Anr versus Navamani Ammal Civil Appeal No. 8935 of 2011 decided by the Hon’ble Supreme Court of India on 04.03.2024 FACTS: The issue pertained to the genuineness of […]

2nd Feb, 2024

Mere non-filing of Written Statement will not entitle a decree under Order VIII Rule 10 CPC

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. The facts of the case and issue on maintainability […]

28th Jan, 2024

Where maintainability of a suit is questioned, the Court should prima facie decide question of maintainability before granting interim relief.

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. Facts of the Case- Appellants who were the Plaintiff […]

4th Dec, 2023

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Supreme Court

If it is found that the writ petitioner is guilty of delay and latches, the High Court ought to dismiss the petition on that sole ground itself.

Section 11(6), Arbitration Act and its limitation as per Limitation Act: A legislative vacuum

Delay should not be excused as matter of generosity; Party must prove that they were reasonably diligent in prosecuting the matter.

Courts are empowered to exercise discretion to condone delay if sufficient cause had been explained, but that exercise of power is discretionary in nature.

Non-disclosure of each and every asset owned by a candidate, in their nomination papers, would not amount to a defect, much less, a defect of a substantial character.

Party claiming ownership rights in a property by way of adverse possession must know who the actual owner of the property is.

Para-wise reply to a plaint is essential, Allegations deemed to be admitted unless specifically denied

Mere non-filing of Written Statement will not entitle a decree under Order VIII Rule 10 CPC

Where maintainability of a suit is questioned, the Court should prima facie decide question of maintainability before granting interim relief.

Airlines will be bound by the timeline promised by its Agent

Writ Petitions are maintainable if insurer disallows claim de hors specific policy terms

Holding a medical practitioner liable for medical negligence entails a higher threshold limit